Section 84A — Fair Work Act 2009: Replacement employees

(1) Before an employer engages an employee to perform the work of another employee who is going to take, or is taking, unpaid parental leave, the employer must notify the replacement employee: (a) that the engagement to perform that work is temporary; and (b) of the rights the employee taking unpaid parental leave has under: (i) subsections 77A(4) and (5) (which provide a right to cancel the leave or end the leave early if the child is stillborn or dies within 24 months); and (ii) section 84 (which deals with the return to work guarantee); and (d) of the effect of section 78 (which provides the employer with a right to require the employee taking unpaid parental leave to return to work if the employee ceases to have any responsibility for the care of the child). (2) Subsection (1) does not apply in relation to the taking of flexible unpaid parental leave.